Yes, a decade later this case is still stuck in our legal system. But at least there’s some progress on the justice front.
A U.S. appeals court decided Tuesday that a Libyan man’s 22-year sentence for his role in the 2012 Benghazi attack wasn’t enough.
Ahmed Abu Khatallah, 51, was originally convicted in 2018 on several counts for his involvement in the Sept. 11, 2012, attack on U.S. intelligence and diplomatic facilities in Benghazi, Libya — where armed militants overwhelmed security at the U.S. mission and killed four Americans. Khatallah appealed his conviction, but the government cross-appealed — arguing the 22-year sentence a judge imposed was unreasonably low.
You won’t be too surprised that we’re dealing with an Obama judge here.
U.S. District Court Judge Christopher Cooper in 2018 could have imposed a greater sentence on Khatallah — because two of his convictions pertained to terrorism — offering up the possibility of life in prison. But Cooper went with the lesser sentence of 22 years, attributing his decision in part to not relying on the charges Khatallah was acquitted of.
You might remember Cooper from his recent role in the Russiagate/Michael Sussman case.
But the appeals court panel consisting of D.C. Circuit Judges Patricia Millett, Greg Katsas and Neomi Rao on Tuesday unanimously overturned the district judge’s sentence as too lenient “given the gravity of such an assault on an American diplomatic facility and the district court’s own recognition of the vital need to deter such crimes.”
“In sentencing Khatallah to just twelve years for the two support-of-terrorism counts and the property destruction count, the district court did not — and could not on this record — sufficiently justify its additional variance so far below the sentencing range that would have been appropriate even without any consideration of acquitted conduct,” the decision reads.
Katsas and Rao are appointees of President Donald Trump. Millett was appointed by President Barack Obama.
Conservatives fought Millett’s appointment at the time, but compared to a lot of Obama judges, she’s been somewhat on the moderate side by the low bar of Obama judges. That’s probably why Garland got the nod over her.
Of course, this means that Khatallah’s case will continue dragging on.
Infidel says
Our troops abroad should take no prisoners. Just kill them on the battlefield – even if they surrender – and then report them as having been killed in battle. It’s not like the top of their command is above lying, as we’ve seen w/ Gen Millie and others when it comes to other things, like vaccines, disciplining protests at the way the Afghanistan withdrawal was done, et al
gravenimage says
I don’t think we have to act like Muslims. And there is nothing intrinsic in Western jurisprudence that these cases drag out for decades and are so weak on prosecution.
Infidel says
When you do what I suggested, you don’t risk those thugs getting released either by some woke American judge or in negotiations w/ rogue states that happen to have American hostages. They ain’t worth a dime in legal expenses
mortimer says
To Infidel, people with your political philosophy were tried and punished at Nuremberg.
The rules of engagement are binding on all soldiers. Did you ever serve? No. You are merely a facile arm chair general. The profession of arms has professional ethics.
Infidel says
Oh, the 2020s heir of Simon Wiesenthal…. yawwwwwwn 🥱🥱🥱🥱🥱
Is it anything like the rules that Russia is following in Ukraine, or followed in Syria? Not to mention that the bulk of the thugs we captured didn’t serve any regular standing army, but were members of jihad terror groups, like al Qaeda, ISIS, Taliban, et al. You are in fine company w/ the Dick Durbans of the world who believe that they should be treated just like, say, Russian prisoners of war
gravenimage says
Mortimer, you are absolutely right in this case. The US has *never* had a policy of slaughtering every enemy on the battlefield. This also completely violates the Geneva Convention.
And Infidel, your implication that we should follow the model of Russia in Ukraine–where they are not just killing Ukrainian defenders, as you must know, but also pillaging, raping, and murdering Ukrainian civilians–is grotesque. And how has this worked out for Russia? Russia has gone from an often criticized but still generally respected nation to an international pariah who has few allies, and those all thuggish third-world basket cases like North Korea and Iran.
And I have to disagree with you that we should abandon those taken hostage by rogue states–the idea that American hostages are “worthless” is appalling. Yes, you find idiots like Brittney Griner–although I don’t think even she should be abandoned–but also solid citizens like American diplomatic staff taken hostage in Iran.
Behaving in a civilized manner is *not* intrinsically weak–just look at the Allies’ defeat of Fascism. Hitler *thought* that decency was weak; he was proven wrong.
Infidel says
I’m not calling for raping or castrating jihadists, as the Russians are doing to innocents in Ukraine. I’m simply saying put a bullet through their head, even if they surrender, and end their saga there. No need to mine them for 20 years for information. Make it short, so that like Osama or al Baghdadi, they cease to be a factor in the jihad planning going forward, unlike some Taliban leaders of today who spent time at Gitmo but were released in the Doha negotiations
Clive R says
That approach would lose America all respect. Think with your brain not your nether regions You would be putting American forces outside of the Geneva Convention protections. Easy for you to act tough from your keyboard
gravenimage says
+1
Infidel says
Compared to the importance of destroying our enemies, “respect” is highly overrated. Not to mention that the Geneva Conventions apply to official militaries of countries, not terrorist groups like the ones in question in this story
Mike says
nothing about that Obama CIA involvement
gravenimage says
Conservative Judges Throw Book at Benghazi Terrorist After Obama Judge’s Leniency
………………………….
Good to hear!
Kagman says
Why in GOD’S NAME is creature even still breathing… We are so contorted in Political Correctness that people are dying… In droves.
This man should have been identified, located and dispatched in short order. Instead, liberal FUCKWITS are wringing their hands thinking what’s best and what’s fair when the answer to such questions is OBVIOUS. Traumatically induced lead poisoning Now… not tomorrow… not in 20 minutes…. Now…
mortimer says
To Kagman. The death penalty cannot be imposed on a foreigner.
James Hoagland says
so then “foreigners” can kill Americans with impunity? If anyone can wage war he can be tried and punished accordingly.
In the final analysis this is a war between good and evil. While not all muslims are evil the doctrine of Islam is clearly demoniacal.
gravenimage says
Mortimer–with all respect–you are mistaken here:
“Death Penalty Series: Can Foreign Nationals Be Sentenced To Capital Punishment?”
An American court can sentence a foreign national to death, although international law requires that certain procedures be followed.
https://www.chamberslawfirmca.com/death-penalty-series-can-foreign-nationals-sentenced-capital-punishment/
In fact, at least 34 foreign nationals have been executed in the US since the mid-1970s.
somehistory says
What about the Germans who came to the coast of the U.S., were caught and tried for spying? The death penalty can…**can*** and has been “imposed on a foreigner”
https://www.history.com/this-day-in-history/german-saboteurs-executed-in-washington
Andrew Blackadder says
They should thrown the moron in a dark hole, alone, forever, one bowl of rice a day with some pork sauce added for flavour.
Meanwhile muslims around the world laugh in the faces of such weak Judges.
muslims understand revenge, they embrace it and when they see no such action coming back at them for their own actions then they see this as weakness.
Pray Hard says
Book thrown? How silly. The only thing that should be thrown at him is a bullet to the back of his head.
James Lincoln says
At the very least, Ahmed Abu Khatallah should be treated as an enemy combatant.
gravenimage says
+1
Walter Sieruk says
That’s very good news .for that murderous Muslim terrorist should b e punished and punished hard for his part in that deadly and destructive jihad attack in Benghazi ,Libya.